Court System Flashcards

0
Q

Goal

A

Equal justice for all

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1
Q

Purpose

A

To interpret laws

Settle disputes

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2
Q

Dual court system

A

Federal

State

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3
Q

Different types of courts

A

1) constitutional

2) special

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4
Q

Constitutional Courts

A

1) Supreme Court
2) Court of Appeals
3) District Courts
4) Court of International Trade

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5
Q

Special Courts

A

1) Court of Military Appeals
2) Court of Veterans Appeals
3) Claims Court
4) Tax Court
5) Territorial Courts
6) Courts of the D.C.

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6
Q

Jurisdiction

A

Authority of a court to hear and decide a case

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7
Q

Subject matter in jurisdiction

A

Admiralty or maritime law (federal)

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8
Q

Parties involved

A

1) If US gov. involved (Federal)
2) Involves Foreign Diplomats (Federal)
3) One state sues another state or foreign country (Federal)
4) Person from one state sues person from another state (Federal)
5) Individual sues another country (Federal)

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9
Q

Exclusive Jurisdiction

A

Only be heard in federal court

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10
Q

Concurrent Jurisdiction

A

Can be heard in both federal or state

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11
Q

Original Jurisdiction

A

Court where first heard

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12
Q

Appellate Jurisdiction

A

Court that hears case on appeal from the lower court

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13
Q

Federal Judges

A

1) No qualifications
2) Appointed by President
3) Senate must approve
4) Appointed for life

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14
Q

Common Law

A

Law derived from the application of previous case decisions to present cases

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15
Q

Criminal Law

A

Cases arising out of actions that violate laws protecting the health, safety, and morals of the community

16
Q

Plaintiff

A

Bringing charges

17
Q

Civil Law

A

Involves disputes between citizens or between the gov. and citizens where no crime is alleged

18
Q

Contract cases

A

disputes that arise over voluntary actions

19
Q

Tort Cases

A

disputes that arise out of obligation inherent in social life

20
Q

Inferior Courts

A

1) District
2) Court of Appeals
3) Court of Appeals for the Federal Circuit
4) Court of International Trade

21
Q

District Courts

A

1) Established by judiciary act of 1789
2) Federal trial Courts
3) Jury
4) One judge
5) Hear criminal and civil cases
6) Multiple

22
Q

Court of Appeals

A

1) Established 1891
2) Hear cases on appeal from lower courts for Supreme Court
3) No jury
4) Panel of judges
5) 12 in the US

23
Q

Court of Appeals for the Federal Circuit

A

1) Established 1982

2) Nationwide jurisdiction

24
Q

Court of International Trade

A

Hear cases involving tariff and other trade related laws

25
Q

Structure of Supreme Court

A

1) Chief Justice

2) 8 Associate Justices

26
Q

Function of Supreme Court

A

1) Judicial Review
a)The right of the court to determine the constitutionality of law
2) How cases reach Supreme Court
a) Writ of Certiori
b) Certificate
° Lower court asks Supreme Court to answer a specific legal question

27
Q

Workings of the Court

A

1) 1st Monday, Oct.-July
2) Solicitor General
3) Brief
4) Oral arrangement
5) Conference
6) Opinion

28
Q

Solicitor General

A

Lawyer that represents U.S. Government for Supreme Court

29
Q

Opinion

A

1) Majority
2) Concurring
3) Dissenting

30
Q

Special Courts

A

1) U.S. Federal Claims Court
2) Territorial Courts
3) Courts for the D.C.

31
Q

U.S. Federal Claims Court

A

Hear cases involving claims for damages against U.S. Go.

32
Q

Territorial Courts

A

Local courts in the territories